Amal Chakraborty v. State Of West Bengal And ORS.

16.11.2022.

Court No.13 Item No. 288 ap W.P.A. No. 14840 of 2021 Amal Chakraborty

Versus

The State of West Bengal & Ors.

Mr. Manoranjan Jana, Ms. Mitali Jana.

...For the petitioner.

Mr. Amal Kumar Sen, AGP Mr. Sanatan Panja.

..For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that the private respondents are encroaching upon his land and effecting illegal construction.

Counsel for the petitioner submits that his client has approached the Executive Magistrate under Section 144 of the Code of Criminal Procedure. The Magistrate has ordered Nandakumar Police Station to ensure that there is no breach of peace in the area.

The Executive Magistrate appears to have directed BL & LRO, Nandakumar, Purba Medinipore to take steps for measurement.

This Court is of the view that the BL & LRO, Nandakumar, Purba Medinipore is required to act in accordance with law only upon a direction of a Civil Court or statutory authority and not necessarily the Executive Magistrate.

In those circumstances, the petitioner may approach a Civil Court for redress of grievances against the private respondents.

Nandakumar Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)